Estate plan
Ohio
Everything to plan your estate in Ohio: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will
2W
Trust
—
POA
—
Healthcare Dir.
2W
E-will
Not adopted
RON
Limited
Since 2019, not all documents
ROW
Not allowed
Remote online witnessing
Community property
No
Minimum age
18
Will
Ohio Rev. Code §2107.01 et seq.
Witnesses: 2 required
Two competent witnesses (each 18 years or older per Ohio Rev. Code §2107.06) must attest and subscribe in the testator's conscious presence; §2107.03 defines 'conscious presence' as within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Ohio does not recognize handwritten wills without witnesses
Self-proving affidavit: Not available
Witnesses may need to testify during probate
ViewWitness disqualification / interested-witness rule
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Durable Power of Attorney
Witnesses: None required
No witnesses required for power of attorney
Notarization: Recommended
Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.
State-specific notes
Healthcare Directive
Ohio Rev. Code §§1337.11-1337.17 (Health Care POA); §§2133.01-2133.15 (Living Will / declarations regarding life-sustaining treatment)
Witnesses: 2 required, or notary
Ohio accepts either 2 witnesses or notarization
Notarization: Accepted as alternative
Acknowledged before a notary public; Ohio Rev. Code §§1337.12 and 2133.02 each authorize notarization as an alternative to two witnesses
State-specific notes
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Appointment of Representative for Disposition of Bodily Remains
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
In this state: Ohio recognizes a statutory Appointment of Representative for Disposition of Bodily Remains; we follow that form. (Ohio Rev. Code §§2108.70-2108.73)
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
In this state: Cites Ohio Rev. Code §5119.27 and §5122.31 (mental health and substance-use records), §3701.243 (HIV), and 42 CFR Part 2 (federally assisted SUD programs).
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. Plus
Electronic will status
Ohio has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Digital assets access
Ohio has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Remote online notarization (RON)
Ohio authorized RON in 2019.
Will
Not allowed
Trust
Allowed
POA
Allowed
Remote online witnessing (ROW)
Ohio does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
Last reviewed: May 13, 2026.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Ohio for guidance specific to your situation.